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  1. An NGO - Jagriti Welfare Society, wrote to the Governor suggesting that that to facilitate the RTI to every citizen, the UP government should follow Maharastra government where one SIC is posted in every divisional headquarter of the state. The NGO said that presently 10 posts of SIC and one of Chief SIC was sanctioned in UP and out of this, eight SIC and one Chief SIC were presently posted but they sit in Lucknow. The NGO reasoned that since all top officials sit in the state capital so activists and general public seeking RTI replies have to come to Lucknow to pursue appeals against delay with Information Commissioners. The NGO said that if like Maharastra, SICs were posted at divisional headquarters, then making appeal under the RTI would become easier and money and time of government officers could also be saved. Under the present set-up, Information Officers of various departments claim Traveli and Dearness Allowance for coming to Lucknow and attend appeals. Sources said that Governor Ram Naik after going through the request wrote to the state government to look whether the Maharastra model was feasible in Uttar Pradesh or not.
  2. Governor Ram Naik asked the State Government to mull over the pattern adopted by Maharastra Government so that, a State Information Commissioner (SIC) chould be posted in each divisional headquarters. An NGO - Jagriti Welfare Society, wrote to the Governor suggesting that that to facilitate the RTI to every citizen, the UP government should follow Maharastra government where one SIC is posted in every divisional headquarter of the state. The NGO said that presently 10 posts of SIC and one of Chief SIC was sanctioned in UP and out of this, eight SIC and one Chief SIC were presently posted but they sit in Lucknow. The NGO reasoned that since all top officials sit in the state capital so activists and general public seeking RTI replies have to come to Lucknow to pursue appeals against delay with Information Commissioners. The NGO said that if like Maharastra, SICs were posted at divisional headquarters, then making appeal under the RTI would become easier and money and time of government officers could also be saved. Under the present set-up, Information Officers of various departments claim Traveli and Dearness Allowance for coming to Lucknow and attend appeals. Sources said that Governor Ram Naik after going through the request wrote to the state government to look whether the Maharastra model was feasible in Uttar Pradesh or not. View full entry
  3. Hi All, NCDRC, in case of REVISION PETITION NO. 4061 OF 2010 (Against the Order dated 14/09/2010 in Appeal No. 1163/2010 of the State Commission Karnataka) Held that: "Petitioner, in order to sort out the controversy with respect to his pensionary benefits, filed an application under Right to Information Act, 2005 (hereinafter referred to as ‘the RTI Act, 2005’) in the office of Opposite party No.4. Opposite party No.4 failed to provide the information. Petitioner then filed the complaint before the District Forum, which was allowed and a direction was issued to opposite party No.4 to furnish the required information. Respondent, being aggrieved, filed an appeal before the State Commission, which has been allowed by observing thus : “At the outset it is not in dispute that complainant had filed an application u/s 6 & 7 of the Right to Information Act to the OP No.4. But complainant cannot be considered as a consumer as defined under the C.P. Act since there is a remedy available for the complainant to approach the appellate authority u/s 19 of the RTI Act, 2005.” We agree with the view taken by the fora below. Petitioner cannot be claimed to be a consumer under the Consumer Protection Act. There is a remedy available for him to approach the Appellate Authority under Section 19 of the RTI Act, 2005. Dismissed. What we can we say now....? I did not find the judgement of Karnataka State Commission in Appeal No. 1163/2010. Not sure why only this appeal judgment is not available along with the judgments. I would say people shall continue to file consumer complaints against the PIO/PA by invoking the section 3, 2(1)(d)(ii) and 2(1)(g) of CP Act. Let the NCDRC finalise the issue. Wish you gud luck. Dear Malhotra Sir, Do you say that the citation mentioned in this post can not be reproduced and no need to believe this Order. Do you advice the RTI applicants to proceed refering earier decisions to relief from CPA. What is the meaning of your post above that say: [bNo, we do not indulge in witch hunt. There is no reason to believe anything that can not be reproduced . [/b] But it was referred in NCDRC while arguments and also the citation reference is part of the NCDRC Order. It does not matter whether the RTI applicant argued in the State Commission or not. In the natural justice point of NCDRC may consider the CP Act and pass orders. Dear Dr.Malhotra Sir, I have sme quiries as below: 1.Which provision of the RTI Act say that it is special Act, similarly which provision of CP Act say that it is general law. 2. If compensation calim is more than Rs.25,000/- then definitely RTI Act alone wont serve the purpose, am I correct. 3.If compensation claim is less than Rs.25,000/- and if the RTI applicant is already got order on second appeal or complaint before the Information Commission, then certainly the complaint before CP Act is not maintainable, am I correct? 4. If complaint under CP Act and also the complaint under RTI Act both are pending for claim more than Rs.25,000/-, then both the Information Commission and Consumer Forum shall hear the case till end to decide the replief, am I correct?
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    The Information Commission receives innumerable requests from various aggrieved parties. The Commission is a multi-member body and has to arrange its own business dealing with those appeals. Even if there has been any unreasonable delay, if a party approaches this Court, then the Commission must be put on notice before fixing a time limit for the Information Commission to hear those appeals either expeditiously or out of turn by jumping the queue. In such cases, the petitioner must make out a case for a deliberate delay dealing with those appeals and that the particular appeal of the aggrieved petitioner must be so important that in public interest such direction can be given. A writ of mandamus is issued to a public authority including a quasi-judicial authority to do a statutory obligation or to refrain from performing an act contrary to the Statute. Unless it is proved that the Commission did not discharge its obligation, no direction can be issued to the Commission by this Court and even if any such direction is to be issued, the same cannot be done without notice to the Commission. When the Government Advocate has no right to represent the Commission and only represent the Government Department and Information Offices appointed by such Department, no direction should have been issued to the Commission. Keeping this request and anguish of the Commission in mind, this Court declared that when an order of the Tamil Nadu Information Commission is under challenge, Information Commission need not be made as a party to those proceedings and even if counsels make them as a party, in the array of parties, they should be struck of from the writ petition. It is also indicated that all that this Court can do is to make a copy to the Information Commission either interim or final order, so that the Commission follow the same as a legal precedent.
  5. Chapter IV The State Information Commission Section 15: Constitution of State Information Commission (1) Every State Government shall, by notification in the Official Gazette, constitute a body to be known as the ……… (name of the State) Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The State Information Commission shall consist of— (a) the State Chief Information Commissioner, and (b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. (3) The State Chief Information Commissioner and the State Information Commissioners shall be appointed by the Governor on the recommendation of a committee consisting of— (i) the Chief Minister, who shall be the Chairperson of the committee; (ii) the Leader of Opposition in the Legislative Assembly; and (iii) a Cabinet Minister to be nominated by the Chief Minister Explanation.—For the purposes of removal of doubts, it is hereby declared that where the Leader of Opposition in the Legislative Assembly has not been recognised as such, the Leader of the single largest group in opposition of the Government in the Legislative Assembly shall be deemed to be the Leader of Opposition. (4) The general superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner who shall be assisted by the State Information Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority under this Act. (5) The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The State Chief Information Commissioner or a State Information Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State.
  6. Case Brief: 498A FIR is filed against applicant. He gave statements at Police station and charge-sheet is pending since FIR is stayed by State HC Applicant filed RTI seeking 498A FIR copy, his own submitted statements, and other 2-3 more info. PIO / Police station asked permission from complainant (3rd party who filed FIR) and subsequently 3rd Party wrote a letter and instructed to PIO that no information should give given PIO denied to give information. subsequently applicant approached to FAA, but FAA also denied to give such info saying PIO is right. Applicant approached to State info commission waited for almost 2 years for his second appeal to be heard. When matter was heard, SIC dismissed appeal in 2 mins stating that both PIO and FAA are right and info can not be given under 11(1) Applicant has cited over 20+ CIC/HC Judgments stating that FIR copy is public info and can not be treated as 3rd party and PIO can not ask permission from 3rd party (498A FIR complainant) Applicant feels that all SIC, FAA and PIO have misconstrued RTI acts and passed wrong judgement Questions What are the other remedies available with applicant ? What is the next step? Based on learning, applicant may file WP at State HC . Besides money part, is it worth to approach HC? Any other Suggestions experts may have. please do suggest
  7. Hi All, I want to file an appeal u/s 19(3) of RTI Act, 2005 however I am a bit confused regarding postal address where I need to send hard copy of an appeal to SIC. While going through SIC website for Maharashtra I understand that Mumbai is HQ and in addition there are several benches where hearing is possible. I want to know how could I locate exact postal address to send hard copy of an appeal. Is it something like appellant is having a choice to select appropriate bench of SIC as per his geographical convenient or is it need to be as per jurisdiction of SPIO/FAA. Kindly advise. Many Thanks!
  8. Dear All forum colleagues, I had submitted an application to PIO, District Industries Center, not received reply within RTI time frame, appealed to First Appellate Authority, not received information within time frame under RTI, appealed to Second Appellate Authority i.e. State Information Commissioner, information not received, please suggest me what would be the next step to proceed?
  9. D.T.RATHAVA

    SIC issue showcouse notice

    PIO failed to give information after order by FAA State commission issue showcouse notice.why not penalised to you
  10. Suppose an Appellant not satisfied with the SIC decision where to Appeal over it?Is it to the High-Court only?Is it possible to file appeal over the SIC Decision in the local Sessions Court? Any literature s on this issue?
  11. KOCHI: Is the Right to Information (RTI) Act applicable to the Cochin International Airport Ltd (CIAL)?It seems the court will settle the issue after CIAL filing a petition before the Kerala High Court challenging the State Information Commission’s order to divulge details of the airport’s board meetings of a certain period under the RTI Act.Read at: CIAL Moves HC against SIC Order - The New Indian Express - - - Updated - - - Also read; http://www.rtiindia.org/forum/57729-cochin-international-airport-cial-pa-under-rti.html?highlight=Cochin+International+Airport
  12. Srinagar, April 12: The Jammu and Kashmir State Information Commission (SIC) has asked the State government to ensure good governance by “ushering in a dawn of transparency and accountability”.The SIC, which is headed by Chief Information Commissioner, G R Sufi, has made several recommendations to the State government and asked it to take measures for accelerating the process of computerized management information systems by all the public authorities in the State.Read at: Ensure good governance: SIC tells Govt - Rising Kashmir. Latest News, Breaking News From Kashmir, Kashmir`s very own English Daily.
  13. Jammu, Apr 11 : Concerned over the denial of information to an RTI activist by CAPD, State Information Commission (SIC) has directed the department to furnish the information within two weeks. Rashu Kanna, a resident of satellite township for KP Migrants, filed an RTI application before Tehsil Supply Officer (TSO), but the CAPD Public Information Officer (PIO) did not provide the information. "After the PIO refused to provide the information, I approached the first appellant authority, ie Director CAPD but when no response came, I took up the matter with SIC," he said. Read at: SIC reprimands CAPD for denying info to RTI activist - Early Times Newspaper Jammu Kashmir
  14. The State Information Commissioner (SIC) Shankar R. Patil has recommended the Directorate of the Municipal Administration and Urban Development Department to initiate disciplinary action against the Commissioner of Kalaburagi City Corporation and two other corporation officials for not complying with the orders of the commission in spite of imposing penalty for denying the information sought by an RTI activist Sangamantha B. Hiregowda. Read at: Disciplinary action sought against officials - The Hindu
  15. Hi, There was a hearing of my case in SIC-UP in November-14. I was not attended the hearing, as i got the SIC letter before a night of hearing. Although letter was written by SIC to SPIO and copy to me, SIC asked SPIO to be present in hearing to give the explanation that why information was not provided to me. I have send the email to SIC regarding my absence, and availability on phone if required. But till now, i have not received any information regarding the decision of SIC. Please suggest, to whom should i write the letter, respective State Information Commissioner or SPIO of Commission to get the copy of SIC decision http://upsic.up.nic.in/] Regards, Manoj
  16. Team, SIC has ordered Municipal Council, Rewari to pay a compensation of Rs. 1000/- and Rs. 1500/- to me for delay in information by 31 Dec 2014. Till date I have not received the money. Please guide what should I do now. Regards Rajender Soni
  17. SIC Bhim Sen said: “Whether it is the Congress charge sheet against the BJP regime submitted to the President of India or the BJP charge sheet which is currently doing the rounds in the state, RTI Act has come in handy to browbeat political rivals mainly when the elections are around the corner.” Read more at: RTI getting popular in state: SIC
  18. State Information Commissioner S.F. Akbar inaugurated a training programme for government officials on the Right to Information Act here on Friday. Read at: Officials undergo RTI training - The Hindu
  19. In a judgement that will set a precedent for colleges to give out information to queries sought under the Right To Information (RTI) Act, the State Information Commissioner (SIC) has directed a South Mumbai college to share details of faculties, students enrolled and the use of grants that are received by the institution from various government bodies for academic and infrastructure purposes. Read at: College told to give grant info | The Asian Age
  20. Please see the below judgment of the Karnataka High Court. In it the court has declared the decision passed by the SIC (while disposing a Complaint under Sec 18 ), directing PIO to provide "information" is not correct since the SC has already passed an judgment (State of Manipur case) that under Sec 18, the commission cannot order disclosure of information. However, in this case, the dates are very relevant: Date of RTI application: 11.02.2009 Date of PIOs reply: 06.04.2009 Date of complaint to SIC: 15.07.2009 Date of SIC decision: 04.02.2010 Date of Supreme Court judgment: 12.12.2011 (Well after all the above dates !) But still the High Court has quashed the SIC order in the above matter. Is it valid ? ========================== Karnataka High Court Shri Chandrashekar vs The Commissioner on 6 January, 2015 Author: S.Abdul Nazeer IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY 2015 BEFORE THE HON'BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NO.4460/2011 (GM-RES) Between: Shri Chandrashekar, S/o late Madhava Rao, Aged about 59 years, Presently working as Tahasildar, Shimoga Taluk & Dist. .... Petitioner. (By Sri S.V.Prakash, Adv.) And: 1 The Commissioner, Karnataka Information Commission, Gate No.2, 2nd and 3rd Floors, M.S.Bldg., Ambedkar Veedhi, Bangalore - 560 001. 2 The Assistant Commissioner, Shimoga District. 2 3 Sri Rangaswamy, S/o Kariyappa, Major, R/a Near Children Care Centre, 4th Cross, Hosmane Extension, Shimoga City 577 201. .... Respondents. (By Sri M.I.Arun, AGA for R1 and R2 R3 served) --- This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the order dated 24.6.2010 at Annexure 'H', etc. This Writ Petition coming on for Preliminary Hearing in 'B' Group this day, the Court passed the following: ORDER The third respondent had filed an application seeking information before the Public Information Officer on 11.2.2009. The Public Information Officer issued an endorsement at Annexure 'B' dated 6.4.2009 stating that the information sought for by him is not available in the office of the Tahsildar, Shimoga Taluk and District. 2. The petitioner was posted as the Public Information Officer on 15.7.2009. The 3rd respondent filed an application under Section 18 of the Right to Information Act, 2005 ('Act' for short) before the first respondent herein seeking the very same information. The first respondent passed an order dated 4.2.2010 directing the petitioner herein to furnish the information. Since the information was not furnished by the petitioner, an order at Annexure 'H' dated 24.6.2010 was passed imposing penalty of Rs.10,000/-. This was followed by yet another order at Annexure 'A' dated 29.10.2010 whereby the 1st respondent directed the 2nd respondent to deduct the penalty amount from the salary of the petitioner. The petitioner has called in question the validity of the said order in this writ petition. 3. I have heard the learned Counsel for the parties. 4. As noticed above, the Public Information Officer has responded to the application of the 3rd respondent by issuing an endorsement at Annexure 'B' dated 6.4.2009 stating that the information sought for by him is not available in the office of the Tahsildar, Shimoga Taluk and District. This order has not been challenged by the 3rd respondent under Section 19 of the Act. On the other hand, the 3rd respondent has directly filed an application under Section 18 of the Act seeking information before the first respondent, which was not permissible in law. The Hon'ble Supreme Court in CHIEF INFORMATION COMMISSIONER AND ANOTHER VS. STATE OF MANIPUR AND ANOTHER - AIR 2012 SC 864 has held that the Central Information Commission or the State Information Commission has no power under Section 18 to provide access to the information which has been requested for by any person but which has been denied to him. Remedy for such person, who has been refused information is provided under Section 19 of the Act. Nature of power under Section 18 is supervisory in character whereas procedure under Section 19 is appellate procedure and a person, who is aggrieved by refusal in receiving information, which he has sought for can only seek redress in manner provided in statute, namely, by following procedure under Section 19. 5. It is thus clear that the application filed by the 3rd respondent seeking information under Section 18 before the first respondent was not maintainable. Consequently, the order passed on the said application is without jurisdiction. Thus, the impugned order at Annexure 'H' dated 24.6.2010 and the consequential order at Annexure 'M' dated 29.10.2010 passed by the first respondent are without authority of law. 6. Even otherwise, it is clear from the materials on record that during the relevant period, the petitioner was posted on election duty. That is why the petitioner could not appear before the Commission and respond to the notice issued by the Commission. 7. In the result, the writ petition succeeds and it is accordingly allowed. The order at Annexure 'H' dated 24.6.2010 and the consequential order at Annexure 'M' dated 29.10.2010 passed by the first respondent are hereby quashed. No costs. Sd/-JUDGE.BMM/-
  21. Srinagar, Feb 17: The State Information Commission (SIC) has directed Hindustan Petroleum Corporation Limited (HPCL) to allow inspection of its LPG dumping sites in Srinagar and Budgam by an information seeker under the provisions of State RTI Act. The direction came after an RTI application filed by Dr. Raja Muzzafar Bhat who in his appeal had highlighted that most of the dumping sites of oil marketing companies in J&K are located in populated areas. Read at: SIC directs HPCL to allow inspection of dumping sites under RTI Lastupdate:- Wed, 18 Feb 2015 18:30:00 GMT GreaterKashmir.com
  22. Jammu, Feb 3: While hearing a second appeal related to information about the alleged Jagti township construction scam being investigated by State Vigilance Organisation (SVO), the State Information Commission (SIC) has directed the investigating agency to reveal all the information under RTI once the final investigation report is submitted before the competent court. Details available with Early Times reveal that a 2nd appeal was filed by one AjatJamwal against Public Information Officer (PIO) and First Appellate Authority (FAA) of SVO for not providing information to him. R.K.Chalotra, SSP Vigilance Organization, Jammu, Gulshan Ahmad Kaloo, Deputy Director Prosecution (DDP) -cum- PIO, Vigilance Organization, J&K and the appellant along with his counsel attended the hearing at State Information Commission (SIC) office in Jammu on January 20 last. Read at: SIC to VO: Provide info under RTI once investigation is complete - Early Times Newspaper Jammu Kashmir
  23. The State Information Commission (SIC) has stated that it had disposed of most of the complaints received by it. Of 27,409 petitions received since its inception in 2006, decisions had been taken on 18,464 petitions. Read at: Majority of complaints dealt with, says SIC - The Hindu
  24. Unnecessary delay in furnishing Information Jammu, Jan 17: As the Services Selection Recruitment Board (SSRB) made un necessary delay in dispatching the information sought under RTI Act by an information seeker from Poonch , the State Information Commission (SIC) taking cognizance of the case has shot penalty notice against the administrative officer of the SSRB who is also the designated Public Information Officer (PIO). Read at: SIC shoots penalty notice against SSRB - Early Times Newspaper Jammu Kashmir
  25. EWS medical records aren't public info: SIC GURGAON: Ruling that medical records of patients belonging to the economically weaker section are "personal information", the state information commission has ordered HUDA and city-based private hospitals not to disclose them. "Medical records are personal information, exempt from disclosure under Section 8(1) (j) of the RTI Act," reads state information commissioner Urvashi Gulati's order on January 10. The info panel's order came in the wake of a complaint by a city-based RTI activist, Aseem Takyar, against "the half-baked and unconfirmed information" provided by the HUDA on his RTI query, seeking information on details pertaining to free beds in three city-based private hospitals. But, the state information commission has ruled, "In this case, no large public interest has been established by the complainant to warrant disclosure of information." Takyar had filed his RTI query on September 14, 2013, and got a response from HUDA about a year later. Dissatisfied with it, he had filed a complaint on September 15 last year before the commission, following which an inquiry was ordered on December 1. Takyar is now planning to move the Punjab and Haryana high court against the state info panel's order. "We will file a petition in the high court so that a mechanism can be established to ensure that the patient details provided by the hospitals can be verified. We don't want to access any identification number or invoices, but only want to check the authenticity of the info by the hospitals," he said. Read More: EWS medical records aren't public info: SIC - The Times of India
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